assignment

Empty Paper Bags: Loans Never Entered Pools

Hat Tip to Ken McLeod, private investigator serving livinglies LIVINGLIES VINDICATED!!! 99% of the Loans Never Were Transferred into Trusts Editor’s Comment: The truth is coming out piece by piece. In this complaint a thorough examination revealed what we have been saying all along — the loans were NOT pooled, bundled or put into any …

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Assignment must exist in writing, even if the court says it doesn't need recording

Dan Hanacek, who will be at the conference in Emeryville tomorrow, and Charles Cox can be reached through our customer service number 520-405-1688. Dan is a lawyer with whom I am engaged in mentoring and resourcing in Northern California cases and Charles helps people all over the country. The tide is turning. The basic principles …

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CA Trial Court Upholds Claims for Improper Assignment, Accounting, Unfair Practices

Editor’s Note: In an extremely well-written and well reasoned decision Federal District Court Judge M. James Lorenz denied the Motion to dismiss of US Bank on an alleged WAMU securitization that for the first time recognizes that the securitization scheme could be a sham, with no basis in fact. Although the Plaintiff chose not to …

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ALLONGES, ASSIGNMENTS AND ENDORSEMENTS: THE REAL DEAL

Featured Products and Services by The Garfield Firm NEW! 1/2 Day CLE Workshop with Neil Garfield: Getting Started on Foreclosure Defense NEW! 2nd Edition Attorney Workbook,Treatise & Practice Manual ——–>SEE TABLE OF CONTENTS: WHOSE LIEN IS IT ANYWAY TOC LivingLies Membership – Get Discounts and Free Access to Experts For Customer Service call 1-520-405-1688 ALLONGES, …

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Another Ruse: Realtors Gleeful over Equator Short Sale Platform

Featured Products and Services by The Garfield Firm NEW! 2nd Edition Attorney Workbook,Treatise & Practice Manual – Pre-Order NOW for an up to $150 discount LivingLies Membership – Get Discounts and Free Access to Experts For Customer Service call 1-520-405-1688 Want to read more? Download entire introduction for the Attorney Workbook, Treatise & Practice Manual 2012 …

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Wall Street Insider Exclusive to Livinglies

Featured Products and Services by The Garfield Firm NEW! 2nd Edition Attorney Workbook,Treatise & Practice Manual – Pre-Order NOW for an up to $150 discount LivingLies Membership – Get Discounts and Free Access to Experts For Customer Service call 1-520-405-1688 Want to read more? Download entire introduction for the Attorney Workbook, Treatise & Practice Manual 2012 …

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How Did H & R Block Get into the Subprime Mortgage Business?

MOST POPULAR ARTICLES CLICK HERE TO GET COMBO TITLE AND SECURITIZATION REPORT CUSTOMER SERVICE 520-405-1688 Tax Preparer Slammed with $24 Million in Fines on Toxic Mortgages Editor’s Comment:  You really have to think about some of these stories and what they mean.  1. Where is the synergy in a merger between Option One and H&R …

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ALABAMA Appelate Court Deals Death Blow to Thousands of Foreclosures

MOST POPULAR ARTICLES CLICK HERE TO GET COMBO TITLE AND SECURITIZATION REPORT  EDITOR’S NOTE: “Because GMAC Mortgage lacked standing to bring the ejectment action, the trial court never acquired subject-matter jurisdiction over the ejectment action. Accordingly, the judgment of the trial court is void and is hereby vacated. Moreover, because a void judgment will not support …

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MASS SUPREME COURT CLARIFIES: YOU CAN'T SELL WHAT YOU DON'T OWN — MISSING HOMEOWNER WINS CASE WITHOUT KNOWING IT

MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE WRONGFUL FORECLOSURE IS NOT THE FOUNDATION FOR TITLE PROSPECTS FOR TITLE PROBLEMS ACROSS THE NATION ARE MUSHROOMING EDITOR’S NOTE: Likening the claims of the bank and the person who received a “quitclaim” deed to a Brooklyn Bridge transaction, the Court simply stated the …

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MERS MUST OWN OBLIGATION AND THE MORTGAGE TO FORECLOSE OR ASSIGN

MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE EDITOR’S NOTE: If the Pretender Lenders follow true to form they will (1) have MERS execute an assignment of BOTH the Mortgage (or Deed of Trust) and the Note and (2) create some documentation that appears to give MERS the ownership of the …

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AZ AG File Amicus Brief Favoring Homeowners

MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE SEE AZ AG Amicus Vasquez 8-2011 (1) CASE IS SCHEDULED FOR ORAL ARGUMENT ON SEPTEMBER 22, 20011 IN TUCSON, AZ. CONTRARY TO RUMOR, DO NOT EXPECT A RULING FROM THE COURT ON THAT DATE. THE SUPREME COURT OF ARIZONA WILL TAKE AS MUCH …

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DEUTSCH LOSES AGAIN: POOL DID NOT RECEIVE LOAN

MOST POPULAR ARTICLES GET COMBO TITLE AND SECURITIZATION ANALYSIS – CLICK HERE TRANSFER TO POOL AFTER FORECLOSURE INITIATED: VOID “ The fact that Deutsche had possession of the mortgage, however, is irrelevant to its status as mortgagee. While a promissory note endorsed in blank may be enforced by the party in possession of the note, …

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PHANTOM ASSIGNMENT AT LOAN CLOSING

SEE LIVINGLIES LITIGATION SUPPORT AT LUMINAQ.COM IN law school we are always told to start at the beginning, although few practitioners actually do that ,since they THINK they know at a glance the nature of the transaction. Consider the usual “loan closing” where a securitization scheme is in operation. It is a “table-funded loan” which …

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Deliberate Destruction Of Documents: Securitization Evolved into a Myth

SERVICES YOU NEED “Then guy then laughed nervously and said, “Well, if you’re right, we’re ****ed. We never transferred the paper. No one in the industry transferred the paper.” Editor’s Note: It is very rewarding to see the work of Karl Denninger and others who are taking  my work and not only moving it along, …

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HOW TO ARGUE FLORIDA ASSIGNMENT FRAUD TO JUDGES

Good Stuff —- Now we are working on a script. Comments invited including edits. Let’s get on the same page do what the pretender lenders are doing. We should have a common message that all the Judges hear from all the lawyers. HOW TO ARGUE FLORIDA ASSIGNMENT FRAUD TO JUDGES http://www.amartinezlaw.com In accordance with the …

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WITHOUT RECOURSE: Hangman's Noose

By Collete McDonald Editor’s Note: Ms. McDonald hits the nail on the head with this article. You should incorporate it word for word in any relevant memoranda. Why is this important? Because most of the “notes” (assuming they were the real notes and were timely indorsed and not back-dated) are presented as having been indorsed …

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Re-Orienting the Parties to Clarify Who is the Real Plaintiff

The procedural motion missed by most lawyers is re-orienting the parties. Just because you are initially the plaintiff doesn’t mean you should stay that way. Once it is determined that the party seeking affirmative relief is seeking to sell your personal residence and that all you are doing is defending, they must become the plaintiff …

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VICTORY IN MONTANA: PRELIMINARY INJUNCTION ISSUED AGAINST MERS, RECONTRUST, AND COUNTRYWIDE

VICTORY IN MONTANA: PRELIMINARY INJUNCTION ISSUED AGAINST MERS, RECONTRUST, AND COUNTRYWIDE Today, May 25, 2010, 4 hours ago | Jeff Barnes May 25, 2010 A Montana Circuit Judge entered a preliminary injunction yesterday enjoining MERS, Recontrust, and Countrywide from undertaking any action to sell, encumber, or transfer the borrower’s property during the pendency of the …

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ACCEPTANCE OF THE ASSIGNMENT AND STATUS OF THE ASSIGNMENT

OK so you feel a little lost. That is because most of us are jumping in at the end of a long series of events and documents. The most important point for you to make in order to jar the Judge’s thinking is that the closing with the borrower took place in the middle of …

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The Importance of Discovery and Motion Practice

Practically all the questions I get relate to how to prove the case that the loan was securitized. This is the wrong question. While it is good to have as much information about the pool a loan MIGHT BE INCLUDED, that doesn’t really answer the real question. The real question is what is the identity …

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ID THEFT: Example of one person's response

Editors’ Note: In response to my post on ID THEFT I received a number of comments and ideas. Here is one example of how someone stuck to the message and forced the issue using ID theft as a defensive tactic as well as preparing for an offensive response. Are you reading my mind? Out of …

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New MERS Standing Case Splits Note and Mortgage: Bellistri v Ocwen Loan Servicing, Mo App.20100309

From Max Gardner – QUIET TITLE GRANTED Bellistri v Ocwen Loan Servicing, Mo App.20100309 Mortgage Declared Unenforceable in DOT Case: NOTE DECLARED UNSECURED “When MERS assigned the note to Ocwen, the note became unsecured and the deed of trust became worthless” Editor’s Note: We know that MERS is named as nominee as beneficiary. We know …

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WHY SECURITISATION IS ILLEGAL UNDER U.S. AND COMMON LAW

Submitted by Charles Cox, apparently from public domain Article by Christopher Story to be published by Economic Intelligence Review conflict of interest inherent in the sponsor also serving as the servicer constitutes fraud and conversion. In the fourth place, in all ‘true-sale’, ‘disguised loan’ and ‘assignment’ securitisations where the Special Purpose Vehicle [SPV] is a …

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